[Ord. 350, 2/13/1995, § 84-1]
For the purposes of this Part, the following terms shall have
the meanings hereafter designated:
ALCOSAN
The Allegheny County Sanitary Authority, including its treatment
facility and any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial wastes
of a liquid nature.
CORROSIVE WASTE
A waste or substance which has any of the following properties:
A.
It is aqueous and has a pH of less than or equal to 5.0 or greater
than or equal to 10.0, as determined by pH meter.
B.
It is a liquid and corrodes steel (SAE1020) at a rate greater
than 6.35 millimeters (0.250 inch) per year at a test temperature
of 55° C. (130° F).
HAZARDOUS WASTE
All wastes that are defined as hazardous under the regulation
enacted pursuant to the Resource Conservation and Recovery Act (RCRA)
as specified in 40 CFR 261 or under the regulations promulgated pursuant
to the Pennsylvania Solid Waste Management Act as specified in 25
Pa. Code § 261.1.
IGNITABLE WASTE
A waste or substance which can create a fire hazard in the
sewage collection system or the ALCOSAN treatment facility, which
has any of but is not limited to the following properties:
A.
It is liquid with a flash point less than 60° C. (140°
F.) using the test methods specified in 40 CFR 261.21.
B.
It is an oxidizer, as defined in 49 CFR 173.151.
INTERFERENCE
A discharge originating in the Borough which, alone or in
conjunction with a discharge or discharges from other sources, both:
A.
Inhibits or disrupts the ALCOSAN facilities, its treatment processes
or operations or its sludge processes, use or disposal.
B.
Therefore, is a cause of a violation of any requirement of ALCOSAN's
National Pollutant Discharge Elimination System (hereinafter referred
to as "NPDES") permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal
by ALCOSAN in compliance with the following statutory provisions and
regulations or permits issued thereunder (or more stringent State
or local regulations): § 405 of the Clean Water Act, 33
U.S.C. § 1251 et seq., the Solid Waste Disposal Act (including
Title 2 or more commonly referred to as the "Resource Conservation
and Recovery Act" and including State regulations contained in any
State sludge management plan prepared pursuant to Subtitle D of the
Solid Waste Disposal Act), 35 P.S. § 755.1 et seq., the
Clean Air Act, 42 U.S.C. § 7401 et seq., and the Toxic Substances
Control Act, 15 U.S.C. § 2601 et seq.
PASS-THROUGH
Any discharge of a pollutant through ALCOSAN into the waters
of the Commonwealth of Pennsylvania in quantities or concentrations
which, alone or in conjunction with other discharges from other sources,
is a cause of a violation of any requirement of the ALCOSAN's
NPDES permit (including an increase in the magnitude or duration of
a violation).
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or its legal representatives, agents
or assigns.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, emissions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt or other industrial, municipal or agricultural waste
discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and/or radiological integrity of water.
REACTIVE/EXPLOSIVE WASTE
A waste or substance which can create an explosion in the
sewage collection system or the ALCOSAN treatment facility, which
has any of, but is not limited to, the following properties:
A.
It is normally unstable and readily undergoes violent change
without detonating.
B.
It reacts violently with water.
C.
It forms potentially explosive mixtures with water.
D.
When mixed with water, it generates toxic gases, vapors or fumes
in a quantity sufficient to present a danger to human health or the
environment.
E.
It is a cyanide or sulfide bearing waste which can generate
toxic gases, vapors or fumes in a quantity sufficient to present a
danger to human health or the environment.
F.
It is capable of detonation or explosive reaction if is subjected
to a strong initiating source or if heated under confinement.
G.
It is readily capable of detonation, explosive decomposition
or reaction at standard temperature and pressure.
H.
It is a forbidden explosive as defined in 40 CFR 173.51, or
a Class A explosive as defined in 49 CFR 173 or a Class B explosive
as defined in 49 CFR 173.88.
THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Environmental Protection Agency
(EPA), pursuant to § 307(A) of the Act.
WASTEWATER
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is contributed directly
or indirectly into the facilities of ALCOSAN.
WATERS OF THE COMMONWEALTH
All streams, lakes, ponds, marshes, water- courses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and other bodies or accumulations of water, surface or under-ground,
natural or artificial, public or private, which are contained within,
flow through or border upon the Commonwealth of Pennsylvania or any
portion thereof.
[Ord. 350, 2/13/1995, § 84-2]
1. No person shall introduce or cause to be introduced, directly or
indirectly, into the facilities of ALCOSAN or into any sewer, pipe
or other conveyance located in the Borough and transmitting substances
into the facilities of ALCOSAN any toxic pollutant or other wastewater
which will:
A. Cause interference with the operation or performance of ALCOSAN's
treatment plant or other facilities.
B. Pass through ALCOSAN's treatment plant or other facilities.
[Ord. 350, 2/13/1995, § 84-3]
1. No person shall introduce, permit or cause to be introduced, directly
or indirectly, into the facilities of ALCOSAN or into any piped sewer,
pipe or other conveyance located in the Borough and transmitting substance
into the facilities of ALCOSAN any of the following:
A. Any substance which will endanger the life, health or safety of the
treatment plant sewer maintenance and plant operations personnel or
which would preclude safe entry into the sewer system or any portion
of the treatment plant.
B. Any ignitable, reactive, explosive, corrosive or hazardous waste,
except as provided for by ALCOSAN's rules and regulations.
C. Any wastewater with a temperature greater than 140° F. (60°
C.).
D. Any waste which exceeds the naturally occurring background levels
for either alpha, beta or gamma radiation and/or any wastewater containing
any radioactive wastes or isotopes of such half life or concentration
not in compliance with applicable State or Federal regulations.
E. Any solids or viscous substance capable of causing obstruction to
the flow in sewers or other interference with the proper operations
of ALCOSAN's facility or facilities discharging into the ALCOSAN
system.
F. Any noxious or malodorous liquids, gasses or solids which either
singly or by interaction with other wastes may create a public nuisance
or adversely affect public health or safety.
G. Pathological wastes from a hospital or other medical establishment.
H. Garbage, whether ground or not, except properly shredded food waste
garbage resulting from the proper use of a garbage grinder or disposer
type approved by ALCOSAN and maintained in good operating condition.
I. Sludges or other materials from septic tanks or similar facilities
or from sewage or industrial waste treatment plants or from water
treatment plants, unless the discharge of such sludges and other materials
is specifically approved by ALCOSAN.
J. Any pollutant, including oxygen demanding pollutants, released in
a discharge at a flow rate and/or pollutant concentration which will
cause interference with the ALCOSAN facilities.
K. Any substance which will cause ALCOSAN's effluent or any other
product of the ALCOSAN facilities, such as residues, sludges or scums,
to be unsuitable for reclamation processes, including any substance
which will cause the ALCOSAN facility to be in noncompliance with
sludge use or disposable criteria, guidelines or regulations developed
under § 405 of the Act, any criteria, guidelines or regulations
promulgated pursuant to the Solid Waste Disposal Act, the Clean Air
Act, the Toxic Substances Control Acts or State laws or regulations
applicable to the treatment or disposal of such effluent or such product.
[Ord. 350, 2/13/1995, § 84-4]
1. No person shall take any action or do or cause to be done anything
in violation of any rule or regulation of ALCOSAN.
2. The pretreatment regulations of the Allegheny County Sanitary Authority
are incorporated into this Part by reference as though fully set forth
herein.
[Ord. 350, 2/13/1995, § 84-5; as amended by Ord. 387, 12/14/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense. In addition, any person violating any provision
of the ALCOSAN pretreatment regulations may be subject to administrative
and civil penalties as provided for by the pretreatment regulations
and administered by ALCOSAN. Such penalties may include, but are not
limited to, injunctive relief and penalties of up to $25,000 per day,
per violation, as provided for by the Publicly Owned Treatment Works
Penalty Law, 35 P.S. § 752.1 et seq. Authority to so enforce
the pretreatment regulations is granted to ALCOSAN and is in addition
to but not in place of any other remedy available to the Borough of
Thornburg.